Due Process and the Courts

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

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All Due Process and the Courts Content

January 14, 2019

With the government shutdown dragging into its fourth week—marking the longest shutdown in U.S. history—most of the nation’s immigration courts remain closed. The Trump administration decries...

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

December 19, 2018

  In the first two years of the Trump administration, immigration hardliners made repeated attempts to reduce immigration court backlogs, from hiring nearly100 new immigration judges to limiting...

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

December 3, 2018

Following Jeff Sessions’ resignation as Attorney General, President Trump named Matthew Whitaker to replace him—a move that has already inspired multiple lawsuits that contend the designation was...

November 20, 2018

Ruling in a lawsuit late Monday night, a federal judge in San Francisco put the Trump administration’s asylum ban—an unprecedented move that barred asylum to any individual crossing the Southern...

November 13, 2018

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously...

October 26, 2018

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua,...

October 12, 2018

Overwhelmed immigration courts and massive court backlogs have long been a nation-wide problem. Hearings are regularly scheduled years in advance—in some jurisdictions, judges are scheduling...

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

August 2, 2013

Washington, DC – Yesterday, a U.S.

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

May 15, 2013

Washington D.C. - Thursday, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

May 3, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in

April 12, 2013

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel
Disclosure of Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

November 28, 2012

The American Immigration Council’s Legal Action Center argued that local police violated the Fourth Amendment by unnecessarily prolonging an individual’s detention based solely on the suspicion tha

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

June 25, 2020

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations...

June 23, 2020
A federal appeals court has ruled that a lawsuit against the Trump administration’s policy that sought to massively expand fast-track deportations without a fair legal process can continue. The court held that the lawsuit was properly brought, but rejected the claim that the administration had failed to follow the procedures provided under the Administrative Procedure Act.
June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

June 5, 2020
The American Immigration Council has named experienced attorney and litigator Kate Melloy Goettel to be its legal director of litigation.
June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

May 28, 2020

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question....

May 28, 2020
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.

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